Yaw Ofori has freshly graduated with M.Sc. (Accounting Option) from the University of Nairobi. Being so fortunate he has been employed as an Accounts Officer by the Supreme Prosperity Bank in Hohoe after emerging successful in a recruitment exercise undertaken by the Bank. Shortly after commencing the employment, he started to make unauthorised transfers from accounts of the customers of the Bank into an unauthorised account. An internal audit conducted into his operation disclosed that an amount of GHc238.000.00 had been illegally transferred into the said unauthorised account. At an internal disciplinary hearing the panel concluded that his conduct was deliberate, and his objective was to personally benefit from these unlawful transfers. His defence was that it was a mistake made in good faith due to his inexperience. The Disciplinary Committee was not convinced and proceeded to recommend his dismissal which was effected by the Bank. The Bank lodged a complaint with the Hohoe Police, who arraigned him before the Circuit Court on a charge of stealing, contrary to section 124 of the Criminal and Other Offences Act, Act 29, 1960. His lawyer, John Appeah has mounted a spirited defence in court on two fronts: that Yaw is not guilty of stealing; and secondly, he has already suffered the punishment for the incident by virtue of his dismissal from the Bank and any further trial would violate the protection accorded him by the law.

1.What is the nature of the defence his lawyer, John Appeah is raising in court when he argues that Yaw Ofori has already suffered punishment by virtue of his dismissal by the Bank. Is he likely to succeed?

[40 marks]

2.With the aid of legal authorities including statute and case law, does Yaw Ofori have any defence to the charge of stealing being preferred against him?

[20 marks]